Tuesday, December 22, 2009

Rights of a Muslim teenage girl who is US citizen?

A friend of a friend of a co-worker, etc. etc. is a sophomore in high school, Muslim girl, and is already betrothed to somebody back in her parents' home country. Does she have ANY rights to get out of this marriage if she is a US citizen, and who should she contact?





I'm going to post this question in several categories, hopefully to get as much information as possible, so please don't report it.Rights of a Muslim teenage girl who is US citizen?
In the US and even in our own country, marriage must be entered into willingly. Her obligation to marry is cultural and familial, not legal. If she does not wish to get married she can simply say no, but then she will have to face the consequences for going against her parents and her culture.Rights of a Muslim teenage girl who is US citizen?
A US citizen, Muslim or non Muslim has every right to marry or not marry anyone they choose anytime they choose. There is no ambiguity or confusion about that at all. There is no lack of clarity at all in the law regarding this.


The real issue may be that if she does not want to become alienated and estranged from parents and her usual circle of social contacts, mosque, etc. This is not a matter of law, it is a matter of choice and it needs to be dealt with as such. If she feels strongly enough she should consider talking to her parents/guardian about how she feels. If that is impractical she should see if there is a community leader, imam or someone who she completely trusts who can be an honest broker without being judgmental. Only if even that is impossible should she think of some outside group. I am not sure which group is the right one but a school counselor might be a possibility and they may be able to give further direction.





The important thing to understand is that not just US civil law, but even Islamic law does not impose marriage as a forced choice. A woman is not property to be traded. These are mostly old tribal/feudal customs that happened to be practices by societies that happen to be islamic. A modern imam will support this point of view as well though not all imams are so open minded.


Hope this helps, I really hope your friend can sort out her problem.
all the rights we all have, she has the right to marry anyone she wants, I think this might be a question of family honor and beliefs, she wants to go against her familys beliefs, right?. well that is a tuffer one to help, one would have to be a muslim in order to be trully helpful to you and her, but if its only legal she just has to say no and no licenced pastor/preacher/judge etc will marry her in these united states, if her family is going to force her than she may need police or woman shelter. but probly a muslim clergy elder could be of most help I think..
She should talk with her school counselors. In this country she has a right to determine whom she marries. That is NOT the right or privilege of her parents, her faith, or her Muslim community. Being ';betrothed'; has no legal standing in the USA. The same is true for any religion.





She may have to go to a shelter for women if the parents are beyond reason, if she wants to avoid the desires of her parents. Of course this would be a serious and probably permanent break with her parents. Honor killings are sometimes the result of a daughter defying her father's wishes. Handle this with care.





Muslim emigrants are mistaken to think they can impose the traditions of their old country on their children in this country. Whether they have a religious basis or not is not important.
There was a case in Houston a couple of years ago where two underage girls whose parents had arranged marriages with men from the Middle East managed to escape the home and get to the police, the girls were placed in foster care and the parents charged with some form of child abuse, as were the potential grooms. It was deemed that the rights of the girls as U.S. citizens and under U.S. law superseded the rights of the parents under the Islamic faith. If the girl is ready to lose her home and family over it she could go to a school counselor and involve the Child Protective services, but there is no easy or simple solution, and none that won't have longterm and potentially very ugly consequences.
She cannot be forced to marry in this country, regardless of her religion.





However, as a minor, her parents can choose to take her back to her home country for a visit whether she wants to go or not, and once she's there, if that countries laws allow them to marry her off against her wil (And the law in most Muslim countries does allow this) then she will be married.





Even worse, in many Muslim countries her father might well choose to have her subjected to genital mutilation before she is married. This practice (Which Muslim apologists often refer to as ';female circumcision'; to make it seem less barbaric) is also widespread in the Muslim world.





What she CAN do, in the US, is go to a court and ask them to appoint a guardian to protect her if she fears that her parents intend to marry her off in a foreign country against her will. such a guardian could then prevent her parents from removing her from the US.





Richard
She needs to talk to a lawyer. Probably her best bet is to get emancipated so that she has the rights of an adult and can keep her parents from sending her back to their country.





I'd hesitate going to the ACLU since they would stand up for her right to have an abortion, but would probably stand up for her parent's right to practice their religion. But it doesn't hurt to contact them and ask if they can help her.





But she's going to need legal help of some kind.
She has only one way out to totally avoid the possibility of being maimed or killed. And even that's not a sure thing. She can go to a battered women's shelter, and ask that they help her disappear. Basically, she has to abandon all future contact with male relatives. She may have to abandon all future contact with all relatives.
it depends on if her parents made the contract. because the only way to get out of it, is through the parents. if they consent, there is nothing she can do.
She has the same rights as any other US citizen. Her parents cannot force her to marry anyone (in the US anyways)she should call child and family services if she is a minor
Until she gets married she has the right to change her mind.Of course, the intended's family may not take that view so she better be ready to protect herself, in case.....
She has the right to express her religion and culture freely.
she has the right to get out of our great country

No comments:

Post a Comment